Title 42 — The Public Health and Welfare
Chapter 131 — Housing Opportunities for Persons with Aids
§ 12902. Definitions
Statutory text
For purposes of this chapter:
The term “acquired immunodeficiency syndrome and related diseases” or “AIDS” means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.
The term “applicant” means a State, a unit of general local government, or a nonprofit organization eligible to receive assistance under this chapter.
The term “low-income individual” means any individual or family whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary of Housing and Urban Development, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
The term “grantee” means a State or unit of general local government receiving grants from the Secretary under this chapter.
The term “metropolitan statistical area” means a metropolitan statistical area as established by the Office of Management and Budget. Such term includes the District of Columbia.
The term “locality” means the geographical area within the jurisdiction of a local government.
The term “recipient” means a grantee or other applicant receiving funds under this chapter.1
The term “Secretary” means the Secretary of Housing and Urban Development.
The term “State” means a State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this chapter.
The term “unit of general local government” has the same meaning as in section 12704 of this title.
The term “city” has the meaning given the term in section 5302(a) of this title.
The term “eligible person” means a person with acquired immunodeficiency syndrome or a related disease and the family of such person.
The term “nonprofit organization” means any nonprofit organization (including a State or locally chartered, nonprofit organization) that—
is organized under State or local laws;
has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;
complies with standards of financial accountability acceptable to the Secretary; and
has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases.
The term “project sponsor” means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive assistance under this chapter.
The term “HIV” means infection with the human immunodeficiency virus.
The term “individuals living with HIV or AIDS” means, with respect to the counting of cases in a geographic area during a period of time, the sum of—
the number of living non-AIDS cases of HIV in the area; and
the number of living cases of AIDS in the area.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
AIDS Housing Opportunity Act
Pub. L. 101–625 title VIII § 853 · 104 Stat. 4079
Enacted · 42 U.S.C. § 12902
Pub. L. 101–625, title VIII, § 853, Nov. 28, 1990, 104 Stat. 4375
Source evidence
Code source credit
Pub. L. 101–625, title VIII, § 853, Nov. 28, 1990, 104 Stat. 4375Enacted provision · exact public law section
SEC. 853. DEFINITIONS. For purposes of this subtitle: (1) The term “acquired immunodeficiency syndrome and related diseases” means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. (2) The term “applicant” means a State, a unit of general local government, or a nonprofit sponsor receiving assistance from a grantee. (3) The term “low-income individual” means any individual or family whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary of Housing and Urban Development, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (4) The term “grantee” means a State or unit of general local government receiving grants from the Secretary under this subtitle. (5) The term “metropolitan area” means a metropolitan statistical area as established by the Office of Management and Budget. Such term includes the District of Columbia. (6) The term “locality” means the geographical area within the jurisdiction of a local government. (7) The term “recipient” means a grantee or other applicant receiving funds under this title. (8) The term “Secretary” means the Secretary of Housing and Urban Development. (9) The term “State” means a State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursu-ant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this subtitle. (10) The term “unit of general local government” has the same meaning as in 104 of this Act.Housing and Community Development Act of 1992
Pub. L. 102–550 § 606(c)(1) · 106 Stat. 3672
Substituted · 42 U.S.C. § 12902(2)
Pub. L. 102–550, § 606(c)(1), substituted “organization eligible to receive assistance under this chapter” for “sponsor receiving assistance from a grantee”
Source evidence
Code amendment note
Par. (2). Pub. L. 102–550, § 606(c)(1), substituted “organization eligible to receive assistance under this chapter” for “sponsor receiving assistance from a grantee”.Enacted provision · exact public law section
(1) in paragraph (2), by striking “sponsor receiving assistance from a grantee” and inserting “organization eligible to receive assistance under this subtitle”;Housing and Community Development Act of 1992
Pub. L. 102–550 § 606(c)(2) · 106 Stat. 3672
Substituted · 42 U.S.C. § 12902(5)
Pub. L. 102–550, § 606(c)(2), substituted “term ‘metropolitan statistical area’ means” for “term ‘metropolitan area’ means”
Source evidence
Code amendment note
Par. (5). Pub. L. 102–550, § 606(c)(2), substituted “term ‘metropolitan statistical area’ means” for “term ‘metropolitan area’ means”.Enacted provision · exact public law section
(2) in paragraph (5), by striking “metropolitan area” and inserting “metropolitan statistical area”; andHousing and Community Development Act of 1992
Pub. L. 102–550 § 606(c)(3) · 106 Stat. 3672
Added · 42 U.S.C. § 12902(11)(14)
Pub. L. 102–550, § 606(c)(3), added pars. (11) to (14)
Source evidence
Code amendment note
Pars. (11) to (14). Pub. L. 102–550, § 606(c)(3), added pars. (11) to (14).Enacted provision · exact public law section
(3) by adding at the end the following new paragraphs: “(11) The term ‘city‘ has the meaning given the term in section 102(a) of the Housing and Community Development Act of 1974. (12) The term ‘eligible person’ means a person with acquired immunodeficiency syndrome or a related disease and the family of such person. (13) The term ‘nonprofit organization’ means any nonprofit organization (including a State or locally chartered, nonprofit organization) that— (A) ) is organized under State or local laws; (B) ) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; (C) complies with standards of financial accountability acceptable to the Secretary; and “(D) has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases. “(14) The term ‘project sponsor’ means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive assistance under this subtitle”.Housing Opportunity Through Modernization Act of 2016
Pub. L. 114–201 § 701(b)(1) · 130 Stat. 782
Inserted · 42 U.S.C. § 12902(1)
Pub. L. 114–201, § 701(b)(1), inserted “or ‘AIDS’ ” before “means”
Source evidence
Code amendment note
Par. (1). Pub. L. 114–201, § 701(b)(1), inserted “or ‘AIDS’ ” before “means”.Enacted provision · exact public law section
(1) in paragraph (1), by inserting “or ‘AIDS’ ” before “means”; andHousing Opportunity Through Modernization Act of 2016
Pub. L. 114–201 § 701(b)(2) · 130 Stat. 782
Added · 42 U.S.C. § 12902(15); 42 U.S.C. § 12902(16)
Pub. L. 114–201, § 701(b)(2), added pars. (15) and (16)
Source evidence
Code amendment note
Pars. (15), (16). Pub. L. 114–201, § 701(b)(2), added pars. (15) and (16).Enacted provision · exact public law section
(2) by inserting at the end the following new paragraphs: “(15) The term ‘HIV’ means infection with the human immunodeficiency virus. “(16) The term ‘individuals living with HIV or AIDS’ means, with respect to the counting of cases in a geographic area during a period of time, the sum of— “(A) the number of living non-AIDS cases of HIV in the area; and “(B) the number of living cases of AIDS in the area.” .
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in par. (7), was in the original “this title”, and was translated as reading “this subtitle”, meaning subtitle D (§§ 851–863) of title VIII of Pub. L. 101–625, to reflect the probable intent of Congress.
Amendments1992–2016 · 2 rounds
2016
Par. (1). Pub. L. 114–201, § 701(b)(1), inserted “or ‘AIDS’ ” before “means”.
Pars. (15), (16). Pub. L. 114–201, § 701(b)(2), added pars. (15) and (16).
1992
Par. (2). Pub. L. 102–550, § 606(c)(1), substituted “organization eligible to receive assistance under this chapter” for “sponsor receiving assistance from a grantee”.
Par. (5). Pub. L. 102–550, § 606(c)(2), substituted “term ‘metropolitan statistical area’ means” for “term ‘metropolitan area’ means”.
Pars. (11) to (14). Pub. L. 102–550, § 606(c)(3), added pars. (11) to (14).